Zeiher v Holder

In *Zeiher v Holder*, the Full Court of the Family Court of Australia considered the jurisdiction of the court in relation to an appeal concerning de facto financial cause proceedings. The primary dispute involved whether the proceedings instituted in the Family Court were a "matter arising under the Family Law Act 1975 (Cth)" for the purposes of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).

The legal issues before the Full Court were twofold. Firstly, it had to determine the meaning of "a matter" in section 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), specifically whether de facto financial cause proceedings fell within this definition. Secondly, the Court was required to consider whether it had commenced to hear a proceeding by way of an appeal, pursuant to section 7(7) of the same Act, given that a notice of motion had been heard prior to the summons for leave to appeal.

The Court reasoned that the de facto financial cause proceedings were indeed matters arising under the Family Law Act 1975 (Cth). This interpretation was crucial for determining the application of section 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), which prohibits the institution and determination of such appeals other than in the Full Court. The Court also found that the hearing of the notice of motion did not constitute the commencement of the hearing of the appeal for the purposes of section 7(7).

Consequently, the Full Court dismissed the notice of motion and the summons for leave to appeal, ordering that the respondent recover their costs in both instances.